National City Municipal Code Ch. 13.30 Vending on City Sidewalks and Pedestrian Pathways

The City of National City hereby finds and determines that the unrestricted use of the city's public rights-of-way, parks, and facilities by both stationary and roaming sidewalk vendors poses a serious and objective threat to the health, safety, and welfare of persons utilizing such public facilities for their intended purposes. Such threats include the potential of fires with unregulated cooking or heating of food; blocking or otherwise restricting use of sidewalks by pedestrians; blocking or impeding the use of driveways, pedestrian access ramps, doorways, and safe parking of vehicles; interfering with the intended and designated recreational uses of parks and playgrounds; conflicts with those persons with disabilities and traveling on sidewalks and pedestrian paths, and recreating in city parks; and noise in residential zones at unreasonable hours. Accordingly, the city finds that those regulations, established by this chapter, are directly related to addressing such objective health, safety, and welfare concerns.

(Ord. No. 2019-2458, § 11, 5-21-2019)

The following definitions shall be applicable when the following words or phrases are used hereafter in this chapter whether the words or phrases are capitalized or not.

"Beginning of curb return" means the area that includes the intersection of two sidewalks bounded by the adjoining corner.

"Driveway" means any approved curb cut designed to allow vehicular traffic ingress from or egress to or from a street or alley.

"Healthy food" means food which provides vital nutrients with limited fats cholesterol, sodium and added sugar, as defined in the Food Action Plan.

"Immediate vicinity," for the purposes of this chapter, means the public sidewalk or pedestrian path area next to, and having access to an area being used by a properly permitted certified farmers' market, swap meet, parade, or other event having obtained a temporary special use permit for the occupation of an area in a park, on city property, or in a city street or alley.

"Pedestrian path" means an improved pathway within a city park designed and constructed to allow pedestrian traffic to circulate within the park from a public sidewalk or parking lot, to other locations within the park.

"Public sidewalk" means that portion of public right-of-way improved with an impervious surface to allow pedestrian traffic, including wheelchairs (whether motorized or self-propelled), to traverse adjacent to a street or alley. Public sidewalk does not include any portion of a street or alley, and (except as otherwise provided in this chapter) does not include improved walkways located on public property used to access public buildings, not otherwise located in a dedicated right-of-way. Notwithstanding the foregoing, a public sidewalk shall include any pedestrian path located in any park owned or operated by the city.

"Ramp" means any transition from the street to a public sidewalk designed to allow the safe movement of wheelchairs and pedestrians.

"Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place, stopping only to complete a transaction.

"Sidewalk vendor" means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack or other non-motorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path. A sidewalk vendor is either a stationary sidewalk vendor or a roaming sidewalk vendor.

"Sidewalk vendor's license," or "license" shall mean that certain regulatory license established under subdivision (B) of Section 13.30.030. The license shall be in addition to any other licenses or permits required by the city or San Diego County.

"Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location on a public sidewalk or pedestrian path.

"Temporary use permit" means a temporary use permit as defined by Chapter 15.60. Any holder of a temporary use permit that is required to provide notice, business interruption mitigation, or other rights to affected businesses and property owners must also provide the same notice, business interruption mitigation, or other rights to properly licensed sidewalk vendors.

(Ord. No. 2019-2458, § 11, 5-21-2019)

A. It is unlawful for any person to engage in, conduct, carry on, or allow to be engaged in, conducted, or carried on, any business as a stationary sidewalk vendor or a roaming sidewalk vendor without having first obtained a business license pursuant to Chapters 6.04 of this code, a sidewalk vendor's license from the public works department pursuant to Section 13.30.030(B); and a seller's permit issued by the California Department of Tax and Fee Administration. If the sidewalk vendor is selling food, it shall also comply with Chapter 9.04 and obtain the necessary health-related permit from the County of San Diego Department of Environmental Health.

B. In order to regulate the activities of sidewalk vendors in the city, a sidewalk vendor's license is hereby created.

1. A sidewalk vendor's license shall be issued by the public works department upon application of any person.

2. The cost of a sidewalk vendor's license shall be set forth by resolution of the city council from time to time, and may be included in the city's list of rates, fees, and charges.

3. The director of public works, or such person designated by the director of public works, shall issue the license to an applicant upon receipt of such fees, information, and copies of such documents required in this chapter.

4. The license shall at all times be prominently displayed on the person, pushcart, stand, display, pedal-driven cart, wagon, showcase, rack or other non-motorized conveyance.

5. If a license is lost, stolen, or damaged, the sidewalk vendor shall not conduct business without first obtaining a replacement license from the public works department to be displayed as described in paragraph (4), above. The department may charge a fee for the replacement of a lost, stolen, or damaged license, which fee shall not exceed the costs of the department in processing the temporary and replacement licenses.

6. Each license shall be valid for a period of twelve months.

C. In issuing a business license to a sidewalk vendor, the department of finance shall accept either a California driver's license or identification number, or an individual taxpayer number in lieu of a social security number if the department of finance otherwise requires a social security number prior to the issuance of a business license.

D. This chapter does not relieve any license holder from compliance with any requirement of any ordinance, rule, regulation, or specification of the city.

(Ord. No. 2019-2458, § 11, 5-21-2019)

All stationary sidewalk vendors or roaming sidewalk vendors shall comply with the following requirements:

A. Except as otherwise provided in this chapter, stationary sidewalk vendors and roaming sidewalk vendors may only conduct transactions on public sidewalks in the public right-of-way, and on pedestrian paths in parks owned or operated by the city.

B. Stationary sidewalk vendors shall only be located on public sidewalks and pedestrian paths of not less than ten feet in width measured from the street-side edge of the sidewalk or from edge to edge of the path.

C. Roaming sidewalk vendors may travel on public sidewalks and pedestrian paths of not less than four feet in width measured from the street-side edge of the sidewalk or from edge to edge of the path while moving. Roaming sidewalk vendors stopping to conduct a transaction must do so only where the sidewalk or path is ten feet in width or must yield to pedestrian traffic in conflict with the conduct of their business.

D. Operations of stationary sidewalk vendors on a public sidewalk shall only occur during the hours of eight a.m. and ten p.m.

E. Vending food or merchandise on city sidewalks shall be prohibited:

1. Within five feet of a marked crosswalk.

2. Within five feet of the beginning of curb return of an unmarked crosswalk.

3. Within five feet of any fire hydrant or other emergency facility.

4. Within five feet ahead and forty-five feet to the rear of a sign designating a bus stop.

5. Within a marked bus zone.

6. Within five feet of a bus bench.

7. Within ten feet of a transit shelter.

8. Within five feet of an area improved with lawn, flowers, shrubs, trees or street tree well.

9. Within five feet of a driveway or driveway apron.

10. Within four feet of an outdoor dining or patio dining area.

11. Within eighteen inches from the edge of the curb.

12. Where placement impedes the flow of pedestrian traffic by reducing the clear space to less than six feet, or impedes access to or the use of abutting property, including, but not limited to, residences and places of business.

F. Notwithstanding any specific prohibitions in this subsection, no vendor shall be located where operation endangers the safety of persons or property.

G. Operations of stationary sidewalk vendors are prohibited in the OS, OSR, RS-1, RS-2, RS-3, RS-4, RM-1, RM-2, RM-3 zones, and in the CZ and MHP overlays.

H. Operations of roaming sidewalk vendors may occur in the OS, OSR, RS-1, RS-2, RS-3, RS-4, RM-1, RM-2, RM-3 zones, and in the CZ and MHP overlays, but only occur during the hours of 7:00 a.m. and 7:00 p.m.

I. Vending within five hundred feet of any K-12 school is prohibited from 6:00 a.m. through 6:00 p.m., unless the vendor is selling exclusively healthy food.

J. Operations of sidewalk vendors in public parks shall only occur on the pedestrian path, or a public sidewalk, and only during the period that the park is open. In order to protect the fragile nature of greenspace in parks, sidewalk vendors shall conduct all activities from a public sidewalk or pedestrian path.

K. In order to limit obstructions caused by a congregation of customers during periods of operations, and to clearly delineate responsibilities in operation, sidewalk vendors shall be located not closer than twenty feet from another sidewalk vendor.

L. In order to reduce vector, rodent, and other pest infestations, stationary sidewalk vendors shall be responsible for the cleanliness of the area within ten feet of their operations. Stationary sidewalk vendors shall provide a means to collect and properly dispose of all trash and recycling materials, including owning and making available appropriate trash and recycling receptacles. Roaming sidewalk vendors shall have trash bags attached to their cart or carried by the vendor sufficient to provide for the collection of such trash or recycling materials generated by the type of goods, produce, pre-packaged goods, etc., being sold from the vendor. All sidewalk vendors shall provide the city with an acceptable plan for collection and disposal of wastes at the time that an application for those permits required by this chapter, which plan must be approved by the director of public works or such person designated by the director of public works. Such plans must include the means for avoiding the use of city-owned trash and recycling receptacles.

M. No sidewalk vending is allowed within the immediate vicinity of any permitted certified farmers' market or permitted swap meet in the city. No sidewalk vending is allowed within the immediate vicinity of any street or alley, park, plaza, parking lot, or city-owned property, in any event that is being used by the city or a third party under a temporary use permit. No sidewalk vending is allowed in any park where the city has signed an agreement with a concessionaire for the exclusive right to sell food or merchandise in the park.

N. No sidewalk vendor shall sell any alcohol-related beverage; tobacco or electronic smoking devices; cannabis products; weapons, including knives, guns, or explosive devices; pharmaceuticals; items described in the definition of adult entertainment activities in Section 18.30.030 of Chapter 18.30 of this code; or such other products identified in a list adopted by resolution or ordinance of the city council as prohibited for sidewalk vending based on public health, safety, or welfare concerns.

O. In order to maintain public safety and visibility in front of buildings which front directly on a public street, stationary sidewalk vendors shall not occupy the area directly in front of a transparent window or within three feet of an entry or exit.

(Ord. No. 2019-2458, § 11, 5-21-2019)

The provisions of this chapter shall be enforced by the fire marshal, any police officer, any code compliance officer, and any other city official authorized to enforce any provision of the municipal code.

(Ord. No. 2019-2458, § 11, 5-21-2019)

A. Notwithstanding any provisions in Chapter 1.20 of this code, no person shall be subject to any criminal prosecution as a result of a violation of this chapter.

B. Except as provided in subsections (C) and (D), in this section, any person violating any provision of this chapter may be issued an administrative citation for each and every violation, in the manner as prescribed in Sections 1.44.010 through 1.44.040 of Chapter 1.44 of the National City Municipal Code.

C. Notwithstanding any provisions in Section 1.44.050 of Chapter 1.44, no administrative fine shall exceed five hundred dollars for any violation of Section 13.30.040.

D. Notwithstanding any provisions in Section 1.44.050 of Chapter 1.44, for any violation of Section 13.30.030, the amount of administrative fine, which may be imposed for each separate violation of the same provision of the code, shall be established by resolution of the city council within the following limits:

1. For a first violation, a fine not to exceed two hundred fifty dollars per day, per violation;

2. For a second violation of the same code section within a twelve-month period, a fine not to exceed five hundred dollars per day, per violation; and

3. For any additional violation of the same code section within a twelve-month period, a fine not to exceed one thousand dollars per day, per violation.

E. Sections 1.44.060 through 1.44.120 shall apply to any administrative citation issued to enforce this chapter.

(Ord. No. 2019-2458, § 11, 5-21-2019)

The placement of any vending cart on any sidewalk in violation of the provisions of this chapter is declared to be a public nuisance. The director of public works, director of neighborhood services, and/or any police or code enforcement officer may cause the removal of any vending cart found on a sidewalk in violation of this chapter and is authorized to store such vending cart until the owner thereof shall redeem it by paying the removal and storage charges established by resolution of the city council.

(Ord. No. 2019-2458, § 11, 5-21-2019)